IN THE CASE OF:
BOARD DATE: 20 February 2014
DOCKET NUMBER: AR20130010459
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his general discharge be upgraded to a fully honorable discharge.
2. The applicant states he was diagnosed with a major depressive disorder which led to a series of events that led to his discharge and he is now a service-connected veteran.
3. The applicant provides a two-page letter explaining his application, a letter from a third party (former supervisor), four pages of diary type notes, four pages of commendatory documents, a counseling statement, Department of Veterans Affairs (VA) Rating Decision, a consultation sheet, and a Wikipedia article on Mood Disorders.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Wisconsin Army National Guard (WIARNG) on 5 February 2008 for training as a food service specialist and a $20,000 enlistment bonus. He completed his training as a food service specialist at Fort Lee, Virginia and was returned to his WIARNG unit.
3. On 28 July 2009 the applicant was barred from reenlistment due to testing positive for a controlled substance on 18 April 2009.
4. On 19 August 2009 he was honorably discharged from the WIARNG to enlist in the Armed Forces.
5. On 20 August 2009 he enlisted in the Regular Army for a period of 3 years and 2 weeks, duty as a food service specialist and assignment to Fort Bragg, North Carolina.
6. The facts and circumstances surrounding his administrative discharge are not present in the available records; however, his records do contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows that he was discharged under honorable conditions on 1 March 2012 under the provisions of Army Regulation 635-200, paragraph 14-12C (2), due to misconduct drug abuse. He had served 2 years, 4 months and 14 days of active service during his current enlistment and had 57 days of lost time.
7. The applicant applied to the Army Discharge Review Board for an upgrade of his discharge immediately after his discharge asserting essentially the same reasons that he has asserted to this Board and on 5 October 2012 the ADRB determined that under the circumstances his discharge was both proper and equitable and voted unanimously to deny his request.
8. On 16 May 2013, the applicant was granted a 50% service-connected disability rating for major depressive disorder effective 2 March 2012.
9. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
a. Chapter 14 establishes policy and procedures for separating personnel for misconduct. Specific categories include minor infractions, a pattern of misconduct, involvement in frequent incidents of a discreditable nature with civil and military authorities, and commission of a serious offense, which includes drug offenses. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
b. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.
2. Accordingly, the characterization and the narrative reason for separation were appropriate for the circumstances of his case.
3. The applicant's contentions and supporting documents have been noted; however, they are not sufficiently mitigating when compared to the serious nature of his offense and the lack of evidence showing that his condition (major depressive disorder) prevented him from knowing the difference between right and wrong or hindered him from adhering to the right.
4. It is also noted that the applicant had multiple drug offenses during his short and otherwise undistinguished record of service.
5. Accordingly, the applicant's overall service simply did not rise to the level of a fully honorable discharge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________x_______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130010459
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